SORAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajesh Kumar Singh, Advocate, holding brief of Sri D. K. Singh, learned counsel for the appellant, Sri Ashish Mani Tripathi, learned A.G.A. for the State and perused the record.

(2.) This appeal relates to year 1981 and the same is 40 years old. During the pendency of the appeal, the appellant no. 1 Soran, appellant no. 3 Sudhar Singh, appellant no. 4 Ganesh, appellant no. 5 Shyam Lal and appellant no. 6 Ajai Pal have died. Hence, appeal against the aforesaid five appellants was abated vide order dtd. 6/7/2020 passed by this Court. Thus, the appeal of only surviving appellant i.e. appellant no. 2 Bhoorey is to be considered.

(3.) Challenge in this appeal is the judgment and order dtd. 22/9/1981 passed by IV Additional Sessions Judge, Etah in S.T. No. 232 of 1981 (State v. Soran and 5 others), arising out of Case Crime No. 174 of 1980, under Sec. 148, 450, 376 and 376 read with 149 of I.P.C., P.S. Jaithara, District Etah whereby learned IV Additional Sessions Judge, Etah has convicted and sentenced the appellants Soran, Bhoorey, Sughar Singh, Ganesh, Shyam Lal and Ajai Pal to undergo rigorous imprisonment of one year, four years, seven years, and seven years under Sec. 148, 450, 376 and 376 read with Sec. 149 of I.P.C. respectively with the direction that all the sentences shall run concurrently.